Complicated British Citizenship case

maxmc · Post by **maxmc** » Mon Jul 29, 2019 9:20 pm

Hello everyone. On July 2017 I submitted a NS form to verify my claim to citizenship. On December 2017 the government replied back stating that they believed I was a British Overseas Citizen. I am hopefull that they may have overlooked something.

Here are the most relevant details:

Paternal Great-Grandfather: Born in the UK in 1887. Became part of the Royal Navy in 1906 and served until 1940. He was stationed in Jamaica when my paternal grandfather was born.
Paternal Great-Grandmother: Born in the Jamaica.

Paternal Grandfather: Born in Jamaica 1929. He had a BC passport.
Paternal Grandmother: Born in Costa Rica.
Maternal Grandfather: Born in the Jamaica.
Maternal Grandmother: Born in the UK in 1933.

Mother: Born in Jamaica in 1957. She has a BC passport thru UKM path.
Father: Born in Jamaica in 1954. He has a BC passport.
Me: Born in 1978 in Costa Rica. I am also a Jamaican citizen (passed down from my parents).

I know it’s a long shot, but any feedback is welcome. Thanks in advance.

Post by **secret.simon** » Mon Jul 29, 2019 10:29 pm

maxmc wrote: ↑
Mon Jul 29, 2019 9:20 pm
Father: Born in Jamaica in 1954. He has a BC passport.

So, just to confirm that your father is alive and currently has a British passport that states that he is a "British Citizen". Is that correct? (Check his passport to be sure. There is not much difference in the appearance between a British Citizen passport and a British Overseas Citizen passport).

In order to be a British citizen, you would need to have both CUKC (Citizenship of the United Kingdom and Colonies) AND the Right of Abode in the UK on 1st January 1983. That is limited to those CUKCs who had a direct connection to the UK by either being born, naturalised or registered in the UK (as currently constituted) or by birth to a parent who met those requirements. If you were a CUKC without the Right of Abode, then on 1st January 1983, you became a British Overseas Citizen.

Section 2 of the Immigration Act 1971 as enacted wrote:Statement of right of abode, and related amendments as to citizenship by registration
(1)A person is under this Act to have the right of abode in the United Kingdom if—
(a)he is a citizen of the United Kingdom and Colonies who has that citizenship by his birth, adoption, naturalisation or (except as mentioned below) registration in the United Kingdom or in any of the Islands; or
(b)he is a citizen of the United Kingdom and Colonies born to or legally adopted by a parent who had that citizenship at the time of the birth or adoption, and the parent either—
(i)then had that citizenship by his birth, adoption, naturalisation or (except as mentioned below) registration in the United Kingdom or in any of the Islands; or
(ii)had been born to or legally adopted by a parent who at the time of that birth or adoption so had it; or
(c)he is a citizen of the United Kingdom and Colonies who has at any time been settled in the United Kingdom and Islands and had at that time (and while such a citizen) been ordinarily resident there for the last five years or more ; or
(d)he is a Commonwealth citizen born to or legally adopted by a parent who at the time of the birth or adoption had citizenship of the United Kingdom and Colonies by his birth in the United Kingdom or in any of the Islands.

maxmc · Post by **maxmc** » Thu Aug 01, 2019 9:28 pm

secret.simon wrote: ↑
Mon Jul 29, 2019 10:29 pm
So, just to confirm that your father is alive and currently has a British passport that states that he is a "British Citizen". Is that correct? (Check his passport to be sure. There is not much difference in the appearance between a British Citizen passport and a British Overseas Citizen passport).

Apologies on the late reply. That is correct. Both my father and mother are alive have British Citizen passports. My father got his automatically and my mother thru registering via UKM.

secret.simon wrote: ↑
Mon Jul 29, 2019 10:29 pm
If you were a CUKC without the Right of Abode, then on 1st January 1983, you became a British Overseas Citizen.

That is exactly what they said; I was a CUKC at the time but I did not have the Right of Abode as my father could not pass this down to me. However, would the fact that my paternal great-grandfather was serving in Jamaica when my paternal grandfather was born change anything in this regard?

Thank you!

Post by **secret.simon** » Fri Aug 02, 2019 7:52 am

maxmc wrote: ↑
Thu Aug 01, 2019 9:28 pm
would the fact that my paternal great-grandfather was serving in Jamaica when my paternal grandfather was born change anything in this regard?

No. Unlike CUKC status and British citizenship, RoA did not factor in Crown Service for the purpose of being passed on.

RoA required either the person themselves or one of their parents or grandparents to have been born, registered or naturalised in the UK (as presently constituted). Crown Service did not affect RoA status.

maxmc · Post by **maxmc** » Fri Aug 02, 2019 9:14 pm

That is what I thought. Do you think it would change my citizenship in a way? Perhaps by altering my father’s conditions? E.g. maybe he could “pass down” his ROA?

Thanks again.

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